Military to tighten rules on gay firings

WASHINGTON — The Obama administration is expected to take the first steps toward dismantling the ban on gays in the military Thursday, when Defense Secretary Robert Gates announces rules to make it tougher for service members to be fired for being gay.

President Obama has called for repealing the military's 1993 "don't ask, don't tell" law, with support from Gates and Adm. Michael Mullen, chairman of the Joint Chiefs of Staff and the nation's highest-ranking military officer.

Repeal requires congressional approval. But with lawmakers divided over the policy and policymaking stalled by fallout over passage of the health-care overhaul, Gates is moving to roll back those provisions he can control without legislative action.

Under the new guidelines, firings of enlisted personnel who violate the ban must be approved by officers who hold a rank equivalent to a one-star general or above. Testimony provided by third parties also should be given under oath, the plan says, according to two defense officials who declined to be identified.

The officials said the goal was to ensure the existing law was applied fairly and consistently across the military. The plan also is aimed at eliminating flimsy testimony by third parties.

Under existing policy, military officers are not supposed to inquire about sexual orientation or seek to know it, while service members are to keep quiet about it. The law also requires officers to act if they learn a subordinate is gay, however.

About 80 percent of those forced out have been service members acknowledging they're gay; the other 20 percent are individuals whom third parties brought to the attention of commanders.

Those who were forced out by other service members' complaints often say they were the targets of grudges. Some women have said they were exposed after rebuffing the advances of male colleagues.

Since "don't ask, don't tell" went into effect, roughly 13,000 service members have left the military because of the rule.

Obama administration officials and Gates' spokesman declined to comment on the new rules.

"It is the first step," said Rick Jacobs, chairman of the Courage Campaign, one of several national advocacy groups that support the repeal. "It's a concrete step. That's a good thing." At the same time, Jacobs said, "It's nowhere near enough."

Sen. Joe Lieberman, a Connecticut independent, has introduced legislation with backing from some Senate Democrats to allow openly gay military service. With two wars under way, however, some lawmakers have indicated they will oppose repeal, among them Sen. John McCain of Arizona, the top Republican on the Senate Armed Services Committee.